TOWN OF SOUTH BERWICK EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM ON REGISTERED CAREGIVER RETAIL STORES

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1 TOWN OF SOUTH BERWICK EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM ON REGISTERED CAREGIVER RETAIL STORES WHEREAS, the Maine Medical Use of Marijuana Act, codified at 22 M.R.S.A. Chapter 558-C, authorized primary caregivers to possess and cultivate marijuana for qualifying patients and to receive monetary compensation for costs associated with assisting qualifying patients; and WHEREAS, the Legislature enacted the Act to Amend Maine s Medical Marijuana Law (the Act ) on July 9, 2018; and WHEREAS, the Act specifically gives municipalities the authority to regulate registered caregivers, registered caregiver retail stores, registered dispensaries, marijuana testing facilities and manufacturing facilities; and WHEREAS, the Act authorizes caregivers to operate one retail store to sell harvested marijuana to qualifying patients for the patients' medical use; and WHEREAS, the Act prohibits municipalities from authorizing new registered caregiver retail stores, registered dispensaries, marijuana testing facilities and manufacturing facilities after the effective date of the Act unless the legislative body has voted to adopt or amend an ordinance or approve a warrant article allowing registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing facilities; and WHEREAS, the Act specifically authorizes the continued operation of registered caregiver retail stores, registered dispensaries, marijuana testing facilities and manufacturing facilities that are operating with municipal approval prior to effective date of the Act; and session; and WHEREAS, the Act will become effective 90 days after the close of the Legislature s special WHEREAS, registered caregiver retail stores raise a number of concerns related to public safety and welfare, including, but not limited to, potential adverse effects on neighborhoods, security of the facilities, and odors that may create a public nuisance or hazard; and 1

2 WHEREAS, there has been an increasing number of requests regarding the establishment of registered caregiver retail stores; and WHEREAS, the Town s existing ordinances do not provide an adequate mechanism to regulate and control the location and operation of registered caregiver retail stores and are inadequate to prevent serious public harm that could be caused by the unregulated development of registered caregiver retail stores; and WHEREAS, the Town needs a reasonable amount of time to determine the implications of registered caregiver retail stores and to develop reasonable regulations governing their location and operation; and WHEREAS, during the period of this Moratorium, the Town will work on developing appropriate land use regulations concerning registered caregiver retail stores; WHEREAS, for the above stated reasons the Town Council finds there to be an emergency pursuant to Article II, Section 11 of the Charter requiring immediate enactment of a moratorium; NOW THEREFORE, pursuant to the authority granted to it by 30-A M.R.S.A. 4356, be it hereby ordained by the legislative body of the Town of South Berwick as follows: 1. DEFINITIONS. As used in this Ordinance, the following terms have the following meanings as defined in the Marijuana Legalization Act: Marijuana : means cannabis. Registered Caregiver Retail Store : a facility or location in which a registered medical marijuana caregiver sells harvested marijuana to qualifying patients for the patients' medical use through a storefront. 2. APPLICABILITY AND PURPOSE. This moratorium shall apply to retail registered caregiver retail stores, as defined above, that are proposed to be located within the Town of South Berwick on or after the effective date of this Ordinance. Notwithstanding anything to the contrary in 1 M.R.S.A. 302 or any other law, this Ordinance applies to any application relating to the establishment or operation of a proposed registered caregiver retail store, 2

3 whether or not such application had become a pending proceeding as defined in 1 M.R.S.A. 302 prior to the enactment of this Ordinance. Properties that are currently permitted as general retail operations shall not be permitted to operate as a registered caregiver retail store and shall only be permitted by the Town in accordance with future land use regulations concerning registered caregiver retail stores. 3. PROHIBITION. During the time this Ordinance is in effect, no official, officer, board, body, agency, agent or employee of the Town of South Berwick shall accept, process or act upon any application for any approval, including but not limited to a building permit, certificate of occupancy, site plan review, conditional use, or any other approval relating to the establishment or operation of a business or operation of a registered caregiver retail store. No person shall establish or operate a business or operation of a registered caregiver retail store within the Town of South Berwick without complying with whatever ordinance amendments the Town may enact as a result of this Ordinance. This prohibition does not apply to activities of registered medical marijuana caregivers that occur within a caregiver s residence or the residence of a qualifying patient. 4. ENFORCEMENT, VIOLATION AND PENALTIES. This Ordinance shall be enforced by the Code Enforcement Officer of the Town of South Berwick. Any person who violates Section 3 of this ordinance shall be subject to civil penalties and other remedies as provided in 30-A M.R.S.A EFFECTIVE DATE. This Ordinance takes effect immediately upon adoption and shall expire on the 180th day thereafter, unless earlier extended by the Town Council. 6. SEVERABILITY. Should any section or provision of this Ordinance be declared by any court to be invalid, such a decision shall not invalidate any other section or provision. 3

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5 South Berwick Town Council Meeting July 10, 2018 Senior member Russel Abell called the meeting to order at 6:37pm. Councilors present included Thomas Chase and Mallory Cook. Town Manager Perry A. Ellsworth was also in attendance. John Kareckas and John James were not present. Executive Session The Council did not enter executive session for lack of a quorum. Approval of Minutes 1. Town Council : On a motion by Mrs. Cook, seconded by Mr. Chase, it was unanimously voted to adopt the minutes as written. Treasurer s Warrant 1. Mr. Ellsworth explained that because of the TRIO software we are now able to break out the warrant by fiscal year. This is especially helpful for the change over from the old year to the new. On a motion by Mr. Chase, seconded by Mrs. Cook, it was unanimously voted to sign the warrant dated July 3, 2018 in the amount of $87, for FY 17/18. On a motion by Mr. Chase, seconded by Mrs. Cook, it was unanimously voted to sign the warrant dated July 3, 2018 in the amount of $3, for FY 18/19. Public Comment None Town Manager s Report -PD: It has been three weeks since re-signing the condemnation order for Farmgate. There have been no inquiries. The new electric poles are in and we are in continual contact with the cable company and Consolidated. We have started the bond process (early prep) and if everything goes right, we could have the funds as early as September to begin construction late September, early October. -Budget: The 17/18 budget is not finalized, but we are on target. Revenues are up about $100,000; and it is expected to turn $200,000-$250,000 back to the undesignated fund. -Asked to schedule a workshop with the Assessing Agent for July 31 st. (Mr. Ellsworth will not be available for the first meeting in August when the commitment is signed). -Mrs. Cook asked about funding for the canopy at the library. She suggested calling a special town meeting to take the money from the undesignated fund. Mr. Ellsworth stated that he is moving forward with the sale of the Macleod property and plans were to use the proceeds from the sale to fund the library project. Further discussion needed. -Varney Bridge: Mr. Ellsworth informed the Council that the MDOT has not yet decided if they can fund the bridge removal at this time. It has been determined that the road (Vine St) is not safe for the heavy loads and the MDOT will have to approach from the south by way of Oldfields Road. The Bridge Brigade is still working toward replacing the bridge with a walking bridge. Scott Landis has asked for a workshop with the Council. New Business Draft 1. On a motion by Mrs. Cook, seconded by Mr. Chase, it was unanimously voted to affirm the slate of Municipal Officials for fiscal year 2018/2019. See attached. 2. On a motion by Mr. Chase, seconded by Mrs. Cook, it was unanimously voted to approve the Employment Agreement Amendment to the Manager s contract dated June 26, (Amendments 14-16, Salary: $100,776, Fringe Benefits: in lieu of wage increases for 18/19 & 19/20 employee will receive additional non-taxable benefit not to exceed $19,224, Vacation: for 18/19 & 19/20 unused vacation time shall be credited to Retirement Health Savings Acct) 1

6 TC On a motion by Mrs. Cook, seconded by Mr. Chase, it was unanimously voted to hold a public hearing on Tuesday, July 24, 2018 at 6:30pm to receive comment on the proposed moratorium on Medical Marijuana storefronts. Mr. Ellsworth made note that we may not need the public hearing, but it is best to schedule it in case we do move forward. Councilor Comments 1. Mr. Chase: -Thanked everyone for their hard work, making the Strawberry Festival another success (especially on a scorching hot day) -Made note that both baseball and softball could use some volunteers. He added that this would be a great way for any high schoolers to get needed volunteer hours. 2. Mr. Abell: -Informed the other Councilors that he had received a complaint about a dangerous situation involving fireworks on a town street. Even though we have not received many complaints in the last year or so, he suggested looking into an ordinance again. He added that if we do look at an ordinance, it should be very detailed and specific. -Attended the Festival with the Scouts. Adjournment On a motion by Mr. Chase, seconded by Mrs. Cook, it was unanimously voted to adjourn the meeting at 7:26pm. Attest: Barbara Bennett, CCM Draft 2

7 South Berwick Town Council Meeting July 17, 2018 The Manager reported the following to the Clerk: Chairman John C. Kareckas called the meeting to order at 6:37pm. Councilors present included Russell H. Abell, Thomas Chase, and Mallory Cook. Town Manager Perry A. Ellsworth and CEO Joe Rousselle were also in attendance. John James was not present. Attorney Phil Saucier attended by conference call. Executive Session 1. On a motion by Mrs. Cook, seconded by Mr. Abell, it was unanimously voted to enter executive session at 6:38pm pursuant to 1MRSA 405.6E, to consult with the Town s Attorney. 2. On a motion by Mr. Chase, seconded by Mr. Abell, it was unanimously voted to end the executive session at 7:55pm. Adjournment On a motion by Mrs. Cook, seconded by Mr. Chase, it was unanimously voted to adjourn the meeting at 7:56pm. Attest: Barbara Bennett, CCM Draft 1

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13 TOWN COUNCIL Agenda Information Sheet Meeting Date: July 24, 2018 UB #1 Agenda Item: New Police Station Dept. Head recommendation: Town Manager s Recommendation: In order to move the Police Station ahead and keep the proposed schedule the Town Manager/Project Manager will need authorization to spend funds from the undesignated account in anticipation of the Bond approved at the annual Town/Budget meeting. Requested Action: Motion to allow the Town Manager to expend funds from the Undesignated Account in anticipation of the Police Station Bond. Said funds to be returned to the Undesignated Account once it is procured. Vote

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15 TOWN COUNCIL Agenda Information Sheet Meeting Date: July 24, 2018 NB #1 Agenda Item: Medical Marijuana Storefronts Dept. Head recommendation: Town Manager s Recommendation: Town Council s discretion to enact or not a moratorium on medical marijuana storefronts Requested Action: Vote

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17 TOWN COUNCIL Agenda Information Sheet Meeting Date: July 24, 2018 NB #2 Agenda Item: SMPDC General Assembly Appointment Dept. Head recommendation: Town Manager s Recommendation: We are allowed 2 General Assembly Candidates for the Southern Maine Planning & Development Commission. Presently Jack Kareckas has been appointed. Mallory Cook has volunteered as the second person Requested Action: Motion to appoint Mallory Cook as a South Berwick representative to the SMPDC General Assembly. Vote

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19 TOWN COUNCIL Agenda Information Sheet Meeting Date: July 24, 2018 NB #3 Agenda Item: MMA Executive Committee Dept. Head recommendation: Town Manager s Recommendation: Vote to support Nominees Requested Action: Motion to vote slate of Nominees as presented Vote

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21 TOWN COUNCIL Agenda Information Sheet Meeting Date: 7/24/18 NB #4 A Agenda Item: Personnel Policy Retirement Revision ~ Valic Plan Document Department Head Recommendation: The VALIC 457b Deferred Compensation Plan for employees Plan Document was put into effect on November 14, Since then, specifically in 2011, there were IRS tax changes that requires the Plan to be amended. All plans can work under the same document so this covers all 457b plans in effect. In June 2017, the requested action was to Adopt and authorize the Tow Manager to sign the amended VALIC 457b Plan Document. The revised Plan Document was subsequently signed Town Manager s Recommendation The following language should have been included on the Town Council Information Sheet NB #1 from the June 13, 2017 meeting. This Plan amends and restates the Plan previously established by the Employer and is effective The Plan was originally established by the Employer effective Eligible Employees was amended to state All Employees shall be eligible to participate except the following Employees (specify which Employees shall not be allowed to participate in the Plan): Employees who regularly work less than 20 hours per week. Requested Action Motion to amend the "Plan by including the above language (in bold type). Vote

22 TOWN COUNCIL Agenda Information Sheet Meeting Date: 7/24/18 NB #4 B Agenda Item: Personnel Policy revision Retirement Section Dept. Head recommendation: The language in the Retirement section of the Personnel Policy is obsolete and needs revision. Town Manager s Recommendation: Adopt the revision to the Personnel Policy, Section Retirement. The change will bring the Policy in line with current legislative requirements regarding Maine Pers and clarifies the amount the Town will match on Maine Pers or the 457(b) Plan. Requested Action: Adopt the revision to the Personnel Policy and make it retro to Vote

23 This portion of the policy is from when they did the plan document in 2005 for the 457 and the rules for that and for Maine Pers have changed. Recommended changes to Personnel Policy: Retirement. A. Employees who are regularly scheduled 20 hours or more per week have the option to participate in the Maine Public Employees Retirement System (Maine Pers) or in a 457 Retirement Fund in which the Town is a member. Contributions are made by the employee through weekly payroll deduction in accordance with the plan document and regulations of their chosen retirement option. B. The Town agrees to contribute the rates for Maine Pers in accordance with their published rates each fiscal year. The Town will contribute up to a 6.5% match for contributing participants to a 457 plan. Eligible employees may opt to participate in both plans; but would only be entitled to the single mandatory employer contribution to Maine Pers. C. Due to changes in legislation for compliance with federal IRS law, as of July 12, 2010 new employees are only eligible to join Maine Pers at the time of their enrollment eligibility. All eligible new hires and employees accepting a status change to a regularly scheduled 20 hours a week or more is required to fill out the Maine Pers membership application on the date of hire or status change opting to join or not join. Eligible employees who opt out at time of hire or first eligibility can only join in an optional membership plan later if they change employers. Employees who join the Maine Pers defined benefit plan are not eligible to withdraw contributions or stop participating unless they terminate employment. ( D. Eligible employees may join the 457 at any time. Contributions may be changed or stopped if requested during their employment. If in agreement with the existing plan document, under qualifying conditions, an employee may apply for a loan providing they meet the requirements of the plan and federal IRS law. (